11 Apr 2025
1. ) CHONG CHUN MIN 2. ) CHEONG CHING FANG ERA UNIVERSE DEVELOPMENT SDN. BHD.
- Citation
- JA-A52NCvC-358-11/2024 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-A52NCvC-358-11/2024 (Mahkamah Sesyen)
The court held the defendant had no meritorious defence: s35 Covid-19 Act exclusion did not apply because the contractual delivery date (15.8.2019) predated the exclusion period; LAD must be calculated on the purchase price stated in the SPA (RM648,000.00) not on any post-contract rebate; plaintiffs were not required to prove actual loss to recover LAD under the express contractual clause; alleged implied consent, outstanding payment and financier-consent defenses were unproven and not triable issues that would defeat a summary judgment. Accordingly summary judgment for the plaintiffs was gra…